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A59744 A view of all the laws and statutes of this nation concerning the service of God or religion viz. [brace] the Holy Scripture, the Lords Day, or Sabbath, prayer, preaching, sacraments, pluralities, first fruits, tenths, residence, or non-residence, &c. / by William Sheppard, Esq. ; published by command. England and Wales.; Sheppard, William, d. 1675? 1655 (1655) Wing S3216; ESTC R38257 15,019 94

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A VIEW Of all the Laws and Statutes of this NATION Concerning the Service of God or Religion Viz. The holy Scripture The Lords day or Sabbath Prayer Preaching Sacraments Pluralities First Fruits Tenths Residence or Non-residence c. By William Sheppard Esq Published by command London Printed for J. Wright at the Kings head in the Old Baily 1655. Academiae Cantabrigiensis Liber The Contents OF the Service of God or Religion Scriptures Sect. 1. Lords day or Sabbath day Sect. 1. Holy daies Sect. 1. Preaching Sect. 1. 2. Heresie Sect. 1. 2. Prayer Sect. 1. 2. Blasphemy Sect. 1. 2. Sacraments Sect. 1. 2. Common prayer Book Sect. 2. Churches and Church-yard Sect. 2. 3. Directory Sect. 2. Chappels Or free Chapples Sect. 1. 2. Vnion and Division of Churches Sect. 6. Monasteries Sect. 2. Abbies Sect. 2. Chauntries Sect. 2. Clergie or Spiritualtie or Ministers Sect. 2. 3. Metropolitan or Archbishop Sect 6 Bishop Sect. 6. Archdeacon Sect. 6. Conge Se Eslier or leave to choose a Bishop Sect. 6. Regio Asscusu Sect. 6. Consecration Sect. 6. Suffragan Sect. 6. Dilapidations Sect. 4. Institution and Jnduction Sect. 3. 4. First fruits or Annates Sect. 4. Tenths Sect. 5. Pluralities or more Benefices then one Sect. 4. 5 Residence and non residence Sect. 4. Simonie Sect. 4. 3. Deposition or Ejectment Sect. 3. Chaplaine Sect. 4. Subscription of Articles Sect. 4. Quod clevici non eligantur c. Sect. 5. Quod personae nec Prebendarij c. Sect. 5. Convocation and Convocation house Sect. 5. Augmentation Sect. 3. 5. Scandalous Ministers Sect. 3. 5. Of the Service of God or Religion AS touching the 1 The great regard the law hath of Religion service of God or Religion the Laws of the Nation now in force and of use relating thereunto these things are to be known First That the Christian religion conteined in the Scriptures is held forth and Commended as the profession of these Nations yet so as no man is to be Compelled to it by penalties or otherwise then by Sect. 1. the endeavor of sound Doctrine and the examples of good Conversation and by the encouragement of painful and able teachers for instructing of the people and Confutation of errour and heresie Government Acts 35.36 37. 2. That such as professe faith in God by Jesus Christ though differing in JUdgement from the Doctrine Discipline or worship publickly held forth shall not be restrained but protected in the profession of the faith and exercise of their Religion so that they abuse not this liberty to the Civil Injury of others and to the Actual Disturbance of the peace on their parts Provided that this liberty be not extended to Popery or Prelacy not to such as under the profession of Christ hold forth and practise licentiousness Government ACts 36. 37. 38. 3. That the law hath a special regard of it and therefore it holdeth forth these religious principles That Religion and Justice are the main pillars of the Common wealth 2. And that that is the best reason that makes for religion Coo. 5. 14. The main things the law doth take care of in order to the advancement and preservation of Religion are Religious Times or daies Religious things as the holy Scriptures holy Ordinances or worships and an orderly performance of them Religious places and religious orders of men and officers such as are the ministers of the Gospel and as to them their due Qualification Election Disposal and reward As touching religious 2. Lords day Times these things are to be known 1. That by our law there is no day now ordinarily to be kept holy but the Lords day Act 27. Sept. 1650. The Common and statute law also doth highly advance the Authority and severely injoyn the Sanctification and forbid all manner of profanation of this day Stat. 5. and 6. Ed. 6. chap. 3. Plow 265. Coo. 9. 66. And therefore all works but works of Piety Charity and other works of necessity are forbidden on this day And for this Cause it is that if any part of the proceedings of a suite in a Court of Justice be entred and recorded as done this day it makes it all void and all serving warrants or processe on this day but in special Cases is void and it is a rule Dies Dominicus non est juridicus And if a Keepers Deer be stollen out of his Parke whilest he is at Church serving God though this in another case be a forfeiture of his office yet in this case and at this Time it is not at all penal to him 5. Edw 3. 27. 2. But this not withstanding it is lawful to pursue and arrest felons such as break the peace suppresse uproars quench fire in houses visit sick people and the like Coo. 5. 83. Plow 265. See more of this in my office of the Justice of peace cap. of the Lords day 3. But as to the other holy daies called Holy daies feast daies they are now totally abrogated and at an end Act 27. Sept. 1650. But the 5th day of Novemb. we are to meet once to thank God for our deliverance from the Gunpowder Treason State 3. James ch 1. As touching the holy 3. Holy Scriptures Scriptures these things are to be known 1 the maxims of the law concerning them which are these 1. That they are of soveraigne Authority 34. H. 6. 40. 2. That the Gospel of J'esus Christ is of infallible truth 3. That any Statute Prescription Custome or Cannon against it is void and not to be Admitted 4. To maintain 4. Blasphemy Heresie and publish by preaching printing writing or teaching any thing contrary to them as in the first place That there is no God that he is not present in all places that he doth not know and foreknow all things that he is not Almighty that he is not perfectly holy that he is not eternal or that either of the three persons of the God head is not God or that these three are not one Eternal God or that Christ the Son is not equal with the Father or shal so divide the manhood of Christ as that his Godhead manhood are several natures or deny that the manhood of Christ is without sin or that Christ died rose again or did not ascend into heaven bodily or that his death is not meritorious Sect. 2. to believers the Resurrection or day of Judgement or that the Scriptures are not the word of God or that Christ is not the Son of God and shall be obstinate herein it is felony And in the second place if any man affirm as before that all shall be saved that man hath free wil that God may be worshipped by Images Purgatory or that the soul dieth or sleepeth after death that the revelations or workings of the spirit are a rule of faith though against the word that man is not to believe above reason that the moral law is at an end that a Christian need not pray
nor repent that baptizing of Infants is void and unlawful or deny the Lords day or Sacraments or the Ministers and Magistrates office or are rebaptized and be obstinate herein is to be imprisoned till he give sureties not to do so again And in the third place if any seriously maintain he being not distracted by word or writing any creature to be God or to be equal with God in his Attributes or that God dwells in the Creature or shall deny the holinesse and righteousnesse of God or say that wicked persons or wickedness or wicked acts of swearing drunkennesse or lewdnesse are not unholy against Gods word or are approved by him or that such things or such persons therein are like God or shall say that these acts of denying or Balspheming God or the holinesse or righteousnesse of God or that the acts of cursing God or swearing profainly or falsly by the name of God or the acts of lying stealing cousening and defrauding others Sodomy Drunkenesse filthy and Lascivious speaking are not things in themselves shameful wicked and abominable in any person whatsoever to be practised or shall affirm that the acts of Adultery Drunkenness and the like open wickednesse are in their own nature as holy and righteous as prayer preaching or giving thanks to God or shall maintain That whatever wickednesse is acted by them may be done without sin or that such acts are acted by God or the Majesty of God or eternity that is in them that heaven and happinesse is in the acting of these things or that such men as act them are most like to God or Eternity which do commit the greatest sins with least remorse or sense or that there is no such thing really and truly as sin unrighteousnesse or unholinesse but as a man or woman judgeth thereof or that there is neither heaven nor hell salvation or damnation or that these are one and the same thing c. For the first offence herein he is to be imprisoned in the Gaole or Bridewel 3. months without Baile for the second offence to be banished and if he return to suffer as a fellon Ord. 2. May. 1648. 9. August 1650. But now we must examine how the punishment of men upon these will stand with the Articles of the Government which willeth that men be not punished for their opinions that hold the head-faith in God by Jesus Christ and do not Injury nor make disturbance nor hold forth nor practise Popery nor Licentiousnesse It seems then necessary here to distinguish amongst these opinions and to make these onely punishable by these Acts and Ordinances which deny the Godhead in his Essence or Attributes or Christ in his natures or offices of which sort are most of the first and last ranke And all those that tend to Licentiousnesse as all those of the last ranke And those that are popish as Freewil Purgatory Images and the like such as are against the Scripture as that revelations and workings of the spirit are the rule of faiththough against the word of God and such like And those that are against Magistracy and Sect. 2. Ministry altogether and such like which are against peace and tend to licentiousnesse that these onely are to be punished And that the Lesser and not Dangerous opinions Denying Presbitery baptizing of Infants and affirming that men must be rebaptized and the like That these are not punishable now by these laws Quere therefore well of this As touching the external worship of God 5. The Preaching and Hearing of Gods word Prayer to and praysing of God And Administration of the Sacraments by preaching and hearing Gods word prayer to and the praising of God and the Administration of the Sacraments these things are to be known 1. The Law requireth that these things are to be done 2. That they be solemnly constantly unanimously purely reverently and Devoutly done and performed both by the Minister and the people see it in the Stat. 5. 6. Edw. 6. 1. 1. Eliz. 2. 23. Eliz. 1. 13. Eliz. 1. but most lively and excellently in the preamble of the statute of 5. 6. Ed. 6. cap. 3. cap. 1. 1 Ed. 6. cap. 1. 2. 3. Ed. 6. 1. 3. But men are not by law bound now to but forbidden the use 6. Commonprayer-book of the book of Common prayer nor are men now bound in the worship of God to the superstitious rights thereby injoyned and formerly used as the Crosse in Baptisme kneeling at the Lords Supper and bowing at the name of Jesus But these are sent after the Abominable Masse to the place from whence they came Act 27. Sep. 1650. Ordinance 3. Jan. 1644. Ordi 23. August 1645. But the external form and Order 7. Directory now by the law set forth and Commended to the Nation for the doing of these services of God is the Directory For this by a law is to be put in execution for publick worship in all places Ord. 23. August 1645. And as to these things this is here to be known 1. He that useth the Common-prayer book in publick or private forfeits for the first offence 5 l. for the second offence 10. l. for the third offence Imprisonment for a year without Baile 2. He that doth not use the Directory or by writing or otherwise doth deprave it shall be fined by the Judges at their discretion not under 5 l. nor above 50 l. This law seems now to be altered by the Government Art 36. 37. 38. And that no man now is to be molested about formes of Religion And that this is the sense of the present Authority appeares by the Ordinance for ejecting of scandalous Ministers Aug. 29. 1654. As touching Religious places such as are Churches and Chappels 8. Churches which are greater and lesser meeting places of parishes only these things are to be known 1. That the law doth not own them as places capable of holinesse by any Consecration but as convenient places for the meeting of the people and doth therfore take care for the keeping of them repaired For which see my Book of the office of Church-Wardens and Act 9. Feb. 1647. 2. The law doth take order for keeping of the Congregations there about Gods worship in peace without Disturbance therefore any Disturbance done there is very penal 2. 3. Ed. 6 ch 1. 1 Eliz. 2. 1 Marie 3. And all fighting quarrelling or striking there or in the Church-yard is to be severely punished Stat. 5. 6. Ed. 6. 4. Church-yard 3 For the better securing hereof the Church-yard is also to be defended in peace Stat. 5. 6. Ed. 6. ch 4. It is therefore ordered that if any do maliciously strike another or draw his weapen of purpose to strike another in any Church or Church yard he is to have one of his ears cut off 5. 6. Ed. 6. ch 4. 4. But the parishioners are not now bound as heretofore to come to their own Assemblies or